STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

CHRIS M JANESKY, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09401876MN


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the claimant performed work and earned wages in the weeks 46 and 47 of 2008, weeks 49 through 51 of 2008, and in weeks 1 through 11 of 2009. This decision results in an overpayment of benefits to the claimant in the amount of $2,317.00 which the claimant is required to repay.

Dated and mailed October 16, 2009
janesch2 . usd : 145 : 5   BR 330

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The claimant has petitioned for commission review of the adverse appeal tribunal decision. The claimant explains that had he reported the wages he earned, he would have lost a much smaller amount in benefits than the overpayment he is currently required to repay. This is correct. However, the claimant intentionally concealed work and wages with the intention of receiving more in benefits than he was entitled to. The law now provides that if there is concealment of wages earned he is not eligible for any benefit payment in the weeks in which concealment occurs. As such, the claimant must repay all of the benefits he received during the weeks he concealed the wages he earned.


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]


uploaded 2009/10/23